A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 28, 2014, the Defendant: (a) purchased a vehicle from the modern director in charge of K7 (B) in the victim's coffee shop located in the territory of the Nam-gu Incheon, Nam-gu, Incheon, to enter into a loan agreement at the same time; and (b) agreed to repay a loan of KRW 27 million in the way of equal installment repayment of principal and interest between 36 months; and (c) set the victim as the person with the right of close interest of the above vehicle.

However, the defendant was thought to prepare cash to transfer the above vehicle to another person, and there was no intention or ability to repay the loan in installments, such as the terms of the contract.

On July 29, 2014, the Defendant, by deceiving the victim as such, obtained a passenger car delivery in the form of KRW 27 million equivalent to the market price of KRW 27 million from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a complaint, written statement, review sheet, and loan application form;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the following favorable circumstances) is 【The scope of the recommended sentence】 The scope of the reduced sentence under Article 62(1)(the general fraud - - 1 year - Special mitigated person: in the event that there are considerable responsibility for the expansion of damage to the victim (ad hoc financial company), the efforts to recover the damage have not been made even after a considerable time has elapsed

Final intention is also an unfavorable condition.

Even if the first crime was committed, it is not enough to bring about a certain amount of fine but the effect of improvement.

Provided, That the community service order shall not be separately added in consideration of the defendant's illness, physical conditions, etc.

To determine four months of imprisonment within the scope of the recommended punishment, and the execution thereof shall be suspended for a period of one year.